Tenn. Comp. R. & Regs. 0800-08-01-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The "PRRC" and Records Custodian shall review public record requests and make an initial determination of the following:

(a) If the records requested are described with sufficient specificity to identify them; and

(b) If the Tennessee Department of Labor & Workforce Development is the custodian of the records.

(2) The "PRRC" and/or Records Custodian shall acknowledge receipt of the request and take any of the following appropriate action(s):

(a) Advise the requester of these Rules and the elections made regarding:

1. Form(s) required for copies;

2. Fees; and

3. Aggregation of multiple or frequent requests.

(b) If appropriate, deny the request, providing the appropriate ground such as one of the following:

1. The request lacks specificity;

2. An exemption makes the record not subject to disclosure by law (absent any required signed authorization, subpoena or court order issued by a state or federal court);

3. The Tennessee Department of Labor & Workforce Development is not the custodian of the requested records;

4. The records do not exist.

(c) If appropriate, contact the requestor to see if the request can be narrowed.

(d) Forward the records request to the appropriate records custodian in the TDLWD.

(e) If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requester of the correct governmental entity for that entity if known.

(3) Upon receiving a valid public records request, a records custodian shall promptly make requested public records available in accordance with T.C.A. § 10-7-503. If the records custodian is uncertain that an applicable exemption applies, the custodian may consult with the TDLWD's Attorneys.

(4) If not practicable to timely provide requested records then a records custodian shall notify the requester that additional time will be necessary.

(5) If a records custodian denies a public record request, he or she shall deny the request in writing as provided herein.

(6) If a records custodian reasonably determines production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the records custodian shall notify the requester that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the records custodian should contact the requestor to see if the request can be narrowed.

(7) Redaction: If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the records custodian should coordinate with counsel or other appropriate parties regarding review and redaction of records. The records custodian may also consult with the Office of Attorney General and Reporter.

Notes

Tenn. Comp. R. & Regs. 0800-08-01-.04

Original rules filed November 1, 2019; effective 1/30/2020.

Authority: T.C.A. § 10-7-503.